Continuing Legal Education Seminar
Synopsis Of Case
On March 1, 1994, in the sleepy metropolis of Snurdly, Sticks County, Arkansas, Mickey Duck was proceeding north on North Nixon. He came to the intersection of North Nixon and East Bumblebee, and prepared to make a turn. The light was red at the time. The light turned green, according to Mr. Duck, and he pulled out to make his left turn. At that time, he was struck by Donald Maus, who was proceeding in a westerly direction on East Bumblebee. The witnesses differ in their statements of how the accident occurred.
Bruce Wayne, who was driving the car right behind Mr. Duck, testified that he stopped behind Mr. Duck and, at that time, the light was red. He looked up when he saw Mr. Duck's car proceed into the intersection and he says the light was green.
Clark Kent was looking out the window of his office at The Snurdly Planet. The Snurdly Planet is on the southwest corner of Bumblebee and Nixon. Mr. Kent says that he looked at the scene of the accident right after he heard the crash, and noticed that the light was still red for Mr. Duck.
Mr. Maus testifies that he had a green light throughout.
Selina Kyle, who was on the northeast corner of the intersection of Nixon and Bumblebee, has given three statements that say three different things.
Police Chief Pat O'Hara investigated the accident. He noted that the cars were stopped in the intersection. He was unable to find any skid marks, but he did find some scuff marks where Mr. Duck's car moved after the accident. There was glass all over the place.
Ambulances took both Mr. Maus and Mr. Duck to the Snurdly General Hospital. Each of the persons in the accident went and saw their own doctors after their visit to the emergency room. There were "words" in the emergency room, and the orderly, Barry Allen, will be prepared to testify about those.
Mr. Duck filed the lawsuit in this matter against Mr. Maus. Mr. Maus counter-claimed, and the case went to trial after a lot of discovery.
Witnesses testimonies & statements
Recorded Statement:
STATEMENT OF: SELINA KYLE
TAKEN BY: JOE MANNIX, INVESTIGATOR FOR CHEATAM AND HOWE
CLIENT: DONALD MAUS
DATE TAKEN:
TRANSCRIBED BY:
DATE TRANSCRIBED:
Q. Good afternoon. I'm speaking with Ms. Selina Kyle?
A. Oh, yes.
Q . And, Ms. Kyle, you, uhm, I believe you were a witness to an accident which occurred on March 1, 1994, at twelve noon?
A. Oh, yes, I was.
Q. You understand that I am recording this conversation?
A. Oh, yes.
Q. And I understand that I have your permission to do so?
A. Oh, yes, honey, that's all right.
Q. What I would like you to do is just tell me everything you know about the accident.
A. Well, I was just standing there. I was waiting to cross Nixon, I was catty-corner from The Planet, and I was getting ready to cross -- I needed to cross both Nixon and Bumblebee because I was on my way over the The Planet to see a friend of mine.
Q. A friend? Who was the friend?
A. Clark Kent. We were going to get together for lunch.
Q. Well, what can you tell me about the accident itself?
A. Well, a guy turned right in a little red car, and then a guy in a big blue, or black, car hit him.
Q. Do you know who had the light at the time?
A. Yes. I think the light was green for the man in the little red car. I'm not real sure, but I think it was.
Q. Can you tell me anything else about the accident?
A. Oh, yes. It was very gory. Both of the men got bloody, and they had to bring an ambulance to take them away. It was, it was really pretty awful. It tore up the little red car. It didn't do much to the big blue one, or black one. I don't remember if it was blue or black, do you know?
Q. I think it was blue, ma'am.
A. Oh, yes, now I remember. Well, anyway, it was a bad wreck.
Q. Is there anything else you remember about the accident?
A. No, not really. That's about it.
Q. Thank you very much.
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DEPOSITION OF MICKEY DUCK
TAKEN ON ________________
Q. Can you tell us your name, please?
A. Mickey Duck.
Q. Where do you live, Mr. Duck?
A. 400 Drury Lane.
Q. Are you employed, Mr. Duck?
A. Yes.
Q. What is your job?
A. I'm a lumberjack.
Q. How are you feeling today?
A. I'm okay, but my neck hurts a little bit.
Q. Do you have any relatives that live here in Sticks County?
A. No, I recently moved here from Arizona.
Q. Is there much work for a lumberjack in Arizona?
A. No, that's why I'm here.
Q. Can you tell me what you did on the morning of March 1, 1994?
A. I woke up at about 6 o'clock. I got dressed, shaved, put on my clothing, and went to work. I worked until about 12 noon, and we were finished for the day, so I started to head home.
Q. Were you heading home at the time of this accident?
A. Yes.
Q. When did the accident happen?
A. Around twelve noon.
Q. Tell me, in your own words, what happened?
A. I was proceeding along North Nixon on my way home. I came up to the corner of East Bumblebee and stopped at the red light. When the light turned green, I started to make a left turn onto Bumblebee when, suddenly, my car was struck. I had no warning. I did not ever see the other car coming.
Q. What color was the other car?
A. It was a blue Cadillac.
Q. And what kind of car were you driving at that time?
A. I was driving my 1962 red Opal.
Q. Was there any damage to your car?
A. Yes, there was quite a bit of damage. The windshield and both left windows were broken, the door was dented in, and all the hubcaps fell off.
Q. Do you still have that car?
A. No. It was totaled.
Q. About how much damage to you think there was?
A. I really don't know. The car was only worth about $300, and I was paid that by Mr. Maus's insurance.
Q. Are you sure the light was green when you entered the intersection?
A. No doubt about it.
Q. Were you injured in the accident?
A. Yes, I was. My head was split open, and I needed three stitches. My neck still hurts, and I think I chipped a tooth.
Q. Did you see a doctor about this accident?
A. Yes. I was taken to the emergency room at Snurdly General Hospital.
Q. What happened there?
A. Well, the guy that hit me was there, and we got in an argument about whether the light was red. I couldn't get any treatment there. There was an orderly -- a real nasty guy -- who told me that if I was well enough to get in an argument, I was well enough to go home.
Q. Do you know the orderly's name?
A. No. He had blond hair, and he was about 6 feet tall, and he was real fast about doing everything. He didn't want to take any time with me.
Q. So you went to your doctor?
A. Yes, I went right over to my doctor.
Q. Who is your doctor?
A. Dr. Horace Demento.
Q. What kind of doctor is Dr. Demento?
A. He is a general practice doctor.
Q. What did Dr. Demento do for you?
A. He gave me therapy for my neck, and gave me some muscle relaxers.
Q. Did you miss any work?
A. Yes, I missed about two months of work.
Q. That's an awful lot of work to miss over an accident like this?
A. Well, maybe, but I'm a lumberjack, and you've got to be in top shape to be a lumberjack.
Q. Why is that?
A. Well, we have to do a lot of lifting, a lot of carrying, and we have to very nimble on our feet because if a tree's falling, it's advisable to get out of the way.
Q. What kind of medication were you taking?
A. I don't know the name of it. It was some kind of muscle relaxer.
Q. Did you have any medicine for pain?
A. I did for about a week, but I didn't like it, so I flushed it down the toilet.
Q. Have you returned to work?
A. Yes, I have now returned to work.
Q. Are you still having any trouble?
A. Yes, I still have pain in my neck every once in awhile. Over the last month, I've missed maybe three days, or five days, because of my neck. And you know Dr. Demento said that I had permanent damage?
Q. Yes, I know that. I've read his reports.
OTHER LAWYER: MATT MURDOCK, DONALD MAUS'S LAWYER:
I don't have any questions at this time.
DEPOSITION OF BRUCE WAYNE
Q. Can you state your name for the record, please, sir?
A. My name is Bruce Wayne.
Q. What do you do for a living?
A. I'm a garbage man.
Q. Did you witness an accident that occurred March 1, 1994, at twelve noon?
A. Yes, sir, I did.
Q. Can you tell me what you saw?
A. Well, I pulled up behind this little red car at Bumblebee and Nixon, and he was stopped 'cause he was going to make a left turn. The light turned green and he pulled into the intersection, and he got hit by this Cadillac. It was driving like a bat out of hell.
Q. Is there anything else you remember about this accident?
A. Yeah, the guy in the Cadillac had a car full of snakes. I couldn't believe it.
Q. And you're convinced that the light was green for Mr. Duck when he pulled into the intersection?
A. Yes.
Q. That's all I have.
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DEPOSITION OF CLARK KENT
Q. Can you tell me your name, please, sir?
A. My name is Clark Kent.
Q. What do you do for a living, Mr. Kent?
A. I am a reporter at The Snurdly Planet.
Q. Mr. Kent, how old are you?
A. I'm 45.
Q. Mr. Kent, did you witness an automobile accident that took place on March 1, 1994, at twelve o'clock?
A. Yes, sir, I did.
Q. Where were you at that time?
A. I was at The Snurdly Planet office.
Q. What were you doing?
A. Well, I had been proofreading a story that I had just written. It was an expose on Bill Clinton's involvement with the Snurdly Mafia, and I had to rest my eyes. So, I looked out the window, and kinda stretched and stared, just like I always do. And, as I was watching, there was a guy that pulled up to a red light. And then while the light was still red, he pulled out in the street, and another guy hit him.
Q. Let's try to get these 'guys' straight. First, what street was the guy that you say pulled out on the red light -- what street was he on?
A. He was on Nixon, and he pulled out into Bumblebee, and he was hit by a guy in a big blue car. I've forgot what kind of car it was, but it was big and blue.
Q. What color was the other car?
A. It was either orange or yellow, something like that.
Q. What did you do after you saw the accident?
A. I called 9-1-1, and nobody was there, but Chief O'Hara picked up, and I told him about the accident, and he came on over.
Q. You know Chief O'Hara?
A. Oh, yes, very well. I'm a reporter here. You get to know the police.
Q. Now, are you certain that, when the orange or yellow car that you described that pulled out into the street, the light to him was red?
A. Yes, sir. I'm certain of it.